[Weekly Compilation of Presidential Documents Volume 42, Number 17 (Monday, May 1, 2006)]
[Pages 802-804]
[Online from the Government Publishing Office, www.gpo.gov]
<R04>
Executive Order 13400--Blocking Property of Persons in Connection With
the Conflict in Sudan's Darfur Region
April 26, 2006
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 5 of
the United Nations Participation Act, as amended (22 U.S.C. 287c)
(UNPA), and section 301 of title 3, United States Code,
I, George W. Bush, President of the United States of America, find
that an unusual and extraordinary threat to the national security and
foreign policy of the United States is posed by the persistence of
violence in Sudan's Darfur region, particularly against civilians and
including sexual violence against women and girls, and by the
deterioration of the security situation and its negative impact on
humanitarian assistance efforts, as noted by the United Nations Security
Council in Resolution 1591 of March 29, 2005, and, to deal with that
threat, hereby expand the scope of the national emergency declared in
Executive Order 13067 of November 3, 1997, with respect to the policies
and actions of the Government of Sudan, and hereby order:
Section 1. (a) Except to the extent that sections 203(b) (1), (3),
and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)) may apply, or to
the extent provided in regulations, orders, directives, or licenses that
may be issued pursuant to this order, and notwithstanding any contract
entered into or any license or permit granted prior to the effective
date of this order, all property and interests in property of the
following persons, that are in the United States, that hereafter come
within the United States, or that are or hereafter come within the
possession or control of any United States person, including any
overseas branch, are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order; and
(ii) any person determined by the Secretary of the Treasury, after
consultation with the Secretary of State:
(A) to have constituted a threat to the peace process in
Darfur;
(B) to have constituted a threat to stability in Darfur and the
region;
(C) to be responsible for conduct related to the conflict in
Darfur that violates international law;
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(D) to be responsible for heinous conduct with respect to human
life or limb related to the conflict in Darfur;
(E) to have directly or indirectly supplied, sold, or
transferred arms or any related materiel, or any assistance,
advice, or training related to military activities to:
(1) the Government of Sudan;
(2) the Sudan Liberation Movement/Army;
(3) the Justice and Equality Movement;
(4) the Janjaweed; or
(5) any person (other than a person listed in subparagraph
(E)(1) through (E)(4) above) operating in the states of
North Darfur, South Darfur, or West Darfur that is a
belligerent, a nongovernmental entity, or an individual;
(F) to be responsible for offensive military overflights in and
over the Darfur region;
(G) to have materially assisted, sponsored, or provided
financial, materiel, or technological support for, or goods
or services in support of, the activities described in
paragraph (a)(ii)(A) through (F) of this section or any
person listed in or designated pursuant to this order; or
(H) to be owned or controlled by, or acting or purporting to
act for or on behalf of, directly or indirectly, any person
listed in or designated pursuant to this order.
(b) I hereby determine that, to the extent section 203(b)(2) of
IEEPA (50 U.S.C. 1702(b)(2)) may apply, the making of donations of the
type of articles specified in such section by, to, or for the benefit of
any person listed in or designated pursuant to this order would
seriously impair my ability to deal with the national emergency declared
in Executive Order 13067 and expanded in this order, and I hereby
prohibit such donations as provided by paragraph (a) of this section.
(c) The prohibitions of paragraph (a) of this section include, but
are not limited to, (i) the making of any contribution or provision of
funds, goods, or services by, to, or for the benefit of any person
listed in or designated pursuant to this order, and (ii) the receipt of
any contribution or provision of funds, goods, or services from any such
person.
Sec. 2. (a) Any transaction by a United States person or within the
United States that evades or avoids, has the purpose of evading or
avoiding, or attempts to violate any of the prohibitions set forth in
this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set
forth in this order is prohibited.
Sec. 3. For the purposes of this order:
(a) the term ``person'' means an individual or entity;
(b) the term ``entity'' means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other organization;
(c) the term ``United States person'' means any United States
citizen, permanent resident alien, entity organized under the laws of
the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United States; and
(d) the term ``arms or any related materiel'' means arms or related
materiel of all types, military aircraft, and equipment, but excludes:
(i) supplies and technical assistance, including training,
intended solely for use in authorized monitoring,
verification, or peace support operations, including such
operations led by regional organizations;
(ii) supplies of non-lethal military equipment intended solely
for humanitarian use, human rights monitoring use, or
protective use, and related technical assistance, including
training;
(iii) supplies of protective clothing, including flak jackets and
military helmets, for use by United Nations personnel,
representatives of the media, and humanitarian and
development workers and associated personnel, for their
personal use only;
(iv) assistance and supplies provided in support of
implementation of the Comprehensive Peace Agreement
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signed January 9, 2005, by the Government of Sudan and the
People's Liberation Movement/Army; and
(v) other movements of military equipment and supplies into the
Darfur region by the United States or that are permitted by
a rule or decision of the Secretary of State, after
consultation with the Secretary of the Treasury.
Sec. 4. For those persons listed in or designated pursuant to this
order who might have a constitutional presence in the United States, I
find that because of the ability to transfer funds or other assets
instantaneously, prior notice to such persons of measures to be taken
pursuant to this order would render these measures ineffectual. I
therefore determine that, for these measures to be effective in
addressing the national emergency declared in Executive Order 13067 and
expanded by this order, there need be no prior notice of a listing or
determination made pursuant to section 1 of this order.
Sec. 5. The Secretary of the Treasury, after consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to the President by IEEPA and UNPA as may be necessary to carry
out the purposes of this order. The Secretary of the Treasury may
redelegate any of these functions to other officers and agencies of the
United States Government, consistent with applicable law. All agencies
of the United States Government are hereby directed to take all
appropriate measures within their authority to carry out the provisions
of this order and, where appropriate, to advise the Secretary of the
Treasury in a timely manner of the measures taken. The Secretary of the
Treasury shall ensure compliance with those provisions of section 401 of
the NEA (50 U.S.C. 1641) applicable to the Department of the Treasury in
relation to this order.
Sec. 6. The Secretary of the Treasury, after consultation with the
Secretary of State, is hereby authorized to submit the recurring and
final reports to the Congress on the national emergency expanded by this
order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and
section 204(c) of the IEEPA (50 U.S.C. 1703(c)).
Sec. 7. The Secretary of the Treasury, after consultation with the
Secretary of State, is hereby authorized to determine, subsequent to the
issuance of this order, that circumstances no longer warrant the
inclusion of a person in the Annex to this order and that the property
and interests in property of that person are therefore no longer blocked
pursuant to section 1 of this order.
Sec. 8. This order is not intended to, and does not, create any
right, benefit, or privilege, substantive or procedural, enforceable at
law or in equity by any party against the United States, its
departments, agencies, instrumentalities, or entities, its officers or
employees, or any other person.
Sec. 9. This order is effective at 12:01 a.m. eastern daylight time
on April 27, 2006.
George W. Bush
The White House,
April 26, 2006.
[Filed with the Office of the Federal Register, 8:45 a.m., April 28,
2006]
Note: This Executive order was released by the Office of the Press
Secretary on April 27, and the Executive order and its attached annex
were published in the Federal Register on May 1.